Joyner v. Stancill
Supreme Court of North Carolina
This is a civil ACTION, heard upon exceptions to referee’s report at March Term, 1890, of Pitt Superior Court, Boy-kin, J., presiding.
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This is a civil ACTION, heard upon exceptions to referee’s report at March Term, 1890, of Pitt Superior Court, Boy-kin, J., presiding. The facts, extracted from the report of the referee, presented on appeal, were as follows: 1. On the 24th of March, 1876, B. S. Atkinson was indebted to Rountree & Co. in the sum of $621.68, which amount was evidenced by one promissory note and secured by a mortgage upon the lands mentioned in the complaint. 2. Afterwards, and before the year 1882, the note and mortgage were assigned to defendant Stancill. 8. On 28th day of February, 1882, Atkinson was…
1Opinion of the Court
Shephekd, J.:
In the well considered case of Battle v. Mayo, 102 N. C., 413, it was held that where there is a. reference by consent, the findings of fact by the referee adopted by the trial Judge are final, and will not be reviewed here. It was also distinctly held that, while we pass upon the question whether there is any evidence to sustain such findings, the exceptions in this respect must be taken below, and will not be heard for the first time in this Court. There being-no such exceptions in the present case, the report of the referee, as approved by the Judge, is conclusive, and we can…
2Cases cited4 opinions
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
- Faw v. WhittingtonSupreme Court of North Carolina · 1875
- Battle v. MayoSupreme Court of North Carolina · 1889
- Bristol v. . PearsonSupreme Court of North Carolina · 1890
3Cited by11 opinions
- Mullen v. Town of LouisburgSupreme Court of North Carolina · 1945
- Sturtevant v. Selma Cotton MillsSupreme Court of North Carolina · 1916
- Wilson v. RobinsonSupreme Court of North Carolina · 1945
- Hemmings v. . DossSupreme Court of North Carolina · 1899
- Dawson v. Thigpen.Supreme Court of North Carolina · 1905
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